Senate panel pauses Monument Protection Act cleanup after members raise retroactivity concerns

Senate Bill 121, presented as a cleanup to the 2021 Monument Protection Act, was pulled from consideration after committee members pressed the sponsor for language clarifying whether the measure would allow courts to order restoration of monuments removed before the act’s effective date.

Senator Johnson said the bill restates current law and clarifies the authority of a ‘‘court of competent jurisdiction’’ to enjoin removal and order a governmental entity to restore a historical monument or memorial to its original condition and location; he also said the bill would permit the award of attorney’s fees in certain circuit-court cases and with the Claims Commission when the state is the defendant.

Multiple senators raised concerns about whether the bill effectively reaches back to artifacts removed before April 28, 2021 — the effective date of the original act. Senator Tucker and others questioned whether a court could require a city to restore a monument removed decades earlier when the original location no longer exists or the item had been sold or destroyed.

Sponsor Johnson emphasized the legislation tracks existing act language (Act 1003 of 2021) and noted the waiver process administered by the history commission would prevent frivolous claims in many circumstances. Nonetheless, the sponsor said he would work with the bureau and committee members on cleanup language and "pull it down for now."

What happens next: Sponsor said he will revise the bill language with the bureau and return with cleanup language; no committee vote was recorded on final passage.